Federal employees are also allowed to accept gifts of nominal value, such as food and drink that are not a part of a meal certificates, plaques and trophies and prizes from drawings or raffles open to the public. The same is true for gifts between longtime friends and gifts exchanged because of affiliations with organizations outside the workplace. For example, if your sister-in-law and you have always exchanged holiday presents and she now works for a company doing business at your agency and thus has become a prohibited source, you may continue to accept gifts from your sister-in-law, even if the gift is worth more than $20. Of course, you may also accept a gift if the reason for the gift has nothing to do with your federal employment. It may be better for you to use a credit card to pay for your lunch and hold onto the receipt and monthly credit card statement.Īnother exception allows attendance at widely attended gatherings, if it is determined to be in the agency’s interest and of general interest to a number of parties to the sponsor of the event. If you pay cash for your portion of a lunch with a contractor doing business in your agency, make sure that the contractor keeps documentation of your cash payment (possibly in the form of a receipt to you) or you may be falsely accused of accepting a gift and you may lack documentation to show your contribution. So be careful with the lunch exception because it may be difficult to go to a nice restaurant and get a lunch or a dinner for only $20. (The $20 amount may also apply to gifts other than lunch.) The amounts were set in 1992, and lunches have gotten much more expensive in the intervening years. The most widely known exception to the ban on accepting gifts is the $20 lunch with an annual cap of $50. An employee may never solicit or coerce a gift, accept a gift in return for the performance of an official act, or accept a gift so frequently that a reasonable person would be led to believe the employee is using his public office for private gain. Acceptance of such a gift might be considered a violation of ethics rules and justification for disciplinary action.Īlso, federal employees are not allowed to accept gifts from entities seeking or doing business with their agency or that might be influenced by their agency. This is no longer allowed, and a letter carrier or any federal employee cannot receive a gift of monetary value given to him or her because of their position. Given the holiday season and the spirit of gift-giving, it is helpful to review a few of the rules so you can avoid the common pitfalls and, receive or give those gifts that are allowed.įor example, it used to be customary to tip your letter carrier. Here, with slight revising by me, is Bill’s distilled (but accurate) version of the complicated (many argue arcane) rules on gifts: You can find the actual text of the rules on OGE’s website or directly in OGE regulations at 5 CFR Part 2635, Subparts B and C. And yes, Congress is exempt from these rules. Those regulations are complex, cumbersome, with generally stated prohibitions followed by lists of exceptions. So, to do so, I went back to a column written by Bill Bransford, my predecessor columnist.īy way of introduction, I remind readers that the rules governing gift-giving by or to executive branch employees are issued by the Office of Government Ethics. I’d be remiss in my role as the columnist charged with offering legal advice to readers if I did not close 2014 with advice on the obtuse and cumbersome rules governing gift-giving.
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